美国是否应消除法律执业的进入壁垒?行业放松管制的视角

Should the US Eliminate Entry Barriers to the Practice of Law? Perspectives Shaped by Industry Deregulation

American Economic Review · 2016
被引 15
人大 A+FT50ABS 4*

中文导读

论证消除法律服务业的进入壁垒(如律师执业许可)能带来类似放松管制网络行业的好处:价格下降、竞争加剧,并激励创新惠及消费者和经济。

Abstract

States' requirements that lawyers obtain a license to practice law, as well as American Bar Association (ABA) regulations of legal practice, constitute barriers to entry to the legal profession. In this paper, we argue that eliminating entry barriers in legal services would generate benefits that are similar to those resulting from deregulating U.S. network industries (i.e., transportation, communications, and energy.) Specifically, prices would fall as competition from incumbent firms and new entrants intensifies; in the long run, competitive forces and operating freedom would incentivize firms to produce innovations that significantly benefit consumers and the broader economy.

律师执业准入行业准入壁垒法律服务业放松管制网络行业放松管制